During a tenancy policy – Homes NSW

This Homes NSW policy details tenant responsibilities include rent, upkeep, behaviour and visitor rules, ensuring respectful environments and housing standards.

1. Background

Tenants can expect Homes NSW to comply with the rights and obligations of a landlord under the Residential Tenancies Act 2010. Homes NSW expects tenants to comply with the terms of their tenancy agreement.

The purpose of this policy is to explain how Homes NSW manages tenancies. The Tenancy policy supplement provides further information to support this document.

2. Scope

This policy applies to all tenancies managed by Homes NSW, including Aboriginal Housing Office tenancies.

3. Policy statement

Homes NSW will manage tenancies in accordance with:

Both the tenant and Homes NSW have rights and obligations under the above Acts, the residential tenancy agreement and Homes NSW policies.

Paying for rent, water usage and other tenancy charges

Generally, all tenants living in dwellings managed by Homes NSW are required to pay for rent, water usage and other tenancy charges. Homes NSW expects tenants to arrange for prompt payment of their tenancy charges. As rent, water usage, and rental bond (if applicable) is charged on a weekly basis, tenants must pay these charges on or before the due date. Other tenancy charges are payable as they become due. For more information, see the Tenancy Charges policy.

Looking after the home

Tenants can expect Homes NSW to provide them with a property that is in a reasonable condition. Tenants are expected to take good care of their property, to keep it reasonably clean and to take responsibility for property damage other than that caused by fair wear and tear, the criminal activity of a third party or as a result of a domestic and family violence offence where the tenant is not the perpetrator. For more information see the Tenant Repair Costs policy.

Maintenance

Homes NSW provides planned maintenance services to keep its properties in good condition and to ensure consistent maintenance standards across the state. The Maintenance Line is the single point of contact for all maintenance issues. Although most maintenance work is carried out using a planned program of works, in certain situations, maintenance will be responded to more quickly. For more information on when Homes NSW will respond more quickly to maintenance issues, go to Situations in which maintenance will be carried out more quickly. 

For more information on maintenance, go to the Maintenance and repairs to your home page.

Alterations to a home

Tenants may want to make changes and alterations to their property. These changes could be major alterations or minor alterations.

Tenants may make minor alterations to their property without getting Homes NSW’s written permission, provided that no Headleasing or Strata Title restrictions apply.

Minor alterations include:

  • installing a picture hook
  • installing child safety locks
  • installing telephones.

Major alterations include:

  • building a carport or garage
  • building a pergola
  • installing a rainwater tank
  • installing a swimming pool
  • installing personal mobility equipment.

Tenants may make major alterations to their property by:

  1. Getting Homes NSW’s in principle approval before seeking council approval (where relevant), including confirmation that no Headleasing or Strata Title restrictions apply.
  2. Where council approval is required, providing Homes NSW with a copy of council’s approval for the alterations.
  3. Receiving final written permission from Homes NSW before starting any work.
  4. Notifying Homes NSW upon completion of the work.
  5. Provide any Compliance Certificates to Homes NSW.

Homes NSW will not approve a swimming pool of any capacity or kind to be erected in a common area.

Tenants will be responsible for all costs associated with installing, maintaining and removing any alterations they make. For more information see the Alterations to a Home policy.

Modifications

Tenants who have an identified need may have their property modified. For example, they may need grip rails in the bathroom or ramp access for a wheelchair.

If it is not economically viable for the property to be modified, or the layout of the home prohibits the required modifications, tenants may be relocated. For more information see the Disability Modifications policy.

Being a good neighbour

Homes NSW is committed to a fair and discrimination free living environment for all tenants and will not tolerate harassment or discrimination towards any tenant or tenant group. This includes verbal, physical or any other form of harassment, discrimination or threatening behaviour related to racial, religious, cultural or personal differences.

Tenants have an obligation to abide by the conditions of their tenancy agreement, including being responsible for their own conduct as well as for the behaviour of other occupants and visitors to their property.

Early intervention practices and referral to support services where appropriate can minimise the escalation of disputes between neighbours. However, sometimes complaints have escalated substantially before Homes NSW is notified.

Homes NSW will not intervene in a neighbourhood dispute or investigate allegations unless it is a breach of the tenancy agreement. Additionally, it is not the role of Homes NSW to carry out criminal investigations.

Homes NSW will encourage tenants to try and resolve problems with other tenants themselves, or with the assistance of mediation services. Homes NSW will refer tenants to Community Justice Centres for assistance when appropriate and the parties agree to attend.

Where appropriate, Homes NSW may also seek information from other agencies, such as the NSW Police, about complaints involving breaches of the tenancy agreement. For more information, see the Privacy and Information Sharing policy.

If Homes NSW is able to substantiate that a complaint is a breach of the tenancy agreement, Homes NSW will take appropriate action against the tenancy. This may include placing a visitor sanction on the tenancy. A visitor sanction requires the tenant to apply for approval from Homes NSW if a visitor wishes to stay at the property for more than 3 days. Homes NSW will tell the tenant in writing if a visitor sanction has been applied and the reason why the sanction has been applied.

For more information on visitor sanctions, go to Applying visitor sanctions.

Homes NSW may also take other actions in accordance with those outlined in the Dealing with a breach of the tenancy agreement section below.

Fire Safety in Unit Blocks

Homes NSW is committed to the welfare and safety of its tenants, other household members and their visitors. Therefore, Homes NSW does not allow any personal items to be placed or stored in the common areas or stairwells (including fire stairwells) of unit complexes, high rise dwellings or any properties with shared access. For example, bikes, pot plants, doormats, prams or any other personal items.

Common areas must be kept clear to allow other residents and visitors to move through these areas. Anything in the common areas can be a fire or trip hazard. If items are left in the common areas or stairwells, we will generally arrange for the removal of these items without notice. These items may be disposed of and we are not then responsible for the cost. You may also be charged for the cost of disposing of the items.

Fire doors must not be propped open. Fire doors save lives. They are fitted with door closures as they are intended to be kept closed to prevent smoke and flames from entering. Under Environmental Planning and Assessment Regulation 2000, clauses 184 and 185, this is a fire safety offence for which an offender can be legally prosecuted.

Use of the property and the Right to Quiet Enjoyment

Homes NSW tenants have the right to quiet enjoyment of their property. Under Section 50 of the Residential Tenancies Act 2010, Homes NSW must take all reasonable steps to ensure that neighbouring tenants of Homes NSW do not interfere with the reasonable peace, comfort or privacy of the tenant in using their property.

Tenants may use their property for any legal purpose that does not breach their tenancy agreement. Tenants may not:

  • use their property for an illegal purpose, such as the manufacture, distribution or selling of illegal drugs
  • cause or allow antisocial behaviour
  • interfere with the peace, comfort or privacy of neighbours
  • smoke in enclosed common areas within Homes NSW properties
  • allow more people than approved by Homes NSW to live in the property.

Homes NSW manages antisocial or illegal behaviour in accordance with the Antisocial Behaviour Management policy.

Pets

Tenants who live in properties managed by Homes NSW may keep pets if:

For more information on how Homes NSW considers if the property is suitable for a particular animal, go to Determining if the property is suitable for a certain type of animal.

For more information on companion animals, go to Companion animals.

Tenants living in a property that is not managed by Homes NSW will have to refer to, and abide by, the rules set by the owners of the property. They may not be able to keep pets if they are prohibited by the property owners or strata by-laws.

Tenants may not keep:

  • restricted dogs, as defined by the Companion Animals Act 1998
  • dogs that have been declared dangerous by a local council, local court, or under the Companion Animals Act 1998.

For more information on restricted dogs, go to Restricted dogs. For more information on dangerous dogs, go to Dangerous dogs.

If an animal belonging to a Homes NSW tenant causes a nuisance or annoyance to neighbours, or is not suitable for the property, Homes NSW will ask the tenant to remove it within 48 hours. Failure to remove the pet when asked to do so is a breach of the tenancy agreement, and may result in action being taken through the NSW Civil and Administrative Tribunal.

Running a business from the property

A tenant may run a legal business from their property provided they continue to live in the property and:

  • have the approval of Homes NSW, and
  • have a current public liability insurance policy appropriate to the type of business, and
  • have the approval of the local council and all other relevant authorities.

Where there may be a risk to Homes NSW (as in the case of home-based child care), Homes NSW will ask the tenant to enter into a short deed of agreement that details the terms and conditions of operating the business.

Where a tenant stops complying with any relevant laws and local government regulations that apply to their business, Homes NSW will automatically withdraw its approval to run the business without providing notice to the tenant.

Homes NSW may withdraw approval to run a business at any time where the business causes nuisance or other possible harm to neighbours.

For more information, go to Running a business from the premises.

Abandoned vehicles and vehicles causing a nuisance

Tenants and Homes NSW are responsible for taking reasonable precautions to prevent vehicles (including cars, motorbikes, caravans, trailers, and remains of vehicles including parts and accessories) from being left, stored or abandoned on Homes NSW property. 

For more information, go to When a vehicle is treated as abandoned or is causing a nuisance.

A tenant will be in breach of their tenancy agreement if they, or a member of their household, stores, or abandons a vehicle on public housing common property. 

For more information, go to When a vehicle may cause a breach of the tenancy agreement.

Homes NSW will investigate the ownership of abandoned vehicles on Homes NSW property. Every effort will be made to contact the owner of a vehicle left on Homes NSW property and provide them with an opportunity to remove it. If the vehicle is not removed, where appropriate, Homes NSW may:

  • seek an order from the NSW Civil and Administrative Tribunal to remove and/or dispose of it, or for the tenant to remove it
  • after seeking the advice of Legal Services Branch, remove and store it, or dispose of it according to the relevant circumstances.

Local Councils and the Roads and Maritime Services (RMS) are responsible for vehicles abandoned on public land.

Common area smoke free zones

Homes NSW does not allow smoking in enclosed common areas, such as common rooms, shared laundries, stairwells, hallways, entranceways and lift areas within Homes NSW properties. The no smoking ban covers all types of cigarettes, cigars and pipes. By banning smoking in internal common areas, Homes NSW is complying with the standards set by the Smoke-Free Environment Act 2000.

Smoking is allowed inside the private areas of residential units, townhouses, villas or houses.

People living in the home

Under the terms of their tenancy agreement a tenant must advise Homes NSW within 28 days of any change of household membership.

If a tenant fails to advise Homes NSW within 28 days of a change of household membership, and provide evidence that is reasonable and proportionate to confirm the type of household change, Homes NSW will take the appropriate action against the tenant under the Residential Tenancies Act 2010 and/or the Rent Subsidy Non-Disclosure policy.

Authorised additional occupants

If a tenant wants a person to become an authorised additional occupant in their Homes NSW property they will need to submit an Application for an Additional Occupant form for consideration by Homes NSW.

An authorised additional occupant is any person that the tenant has applied for and received approval from Homes NSW for that person to reside in the property.

Where approval is given to an additional occupant, Homes NSW will reassess any rent subsidy based on the new household income effective from the date the additional occupant commenced residence in the property.

For more information on the assessment criteria for approving applications for additional occupants, go to Approving additional occupants.

If an authorised additional occupant wants housing in their own right, they will need to apply for it separately.

Unauthorised additional occupants

If a person is residing in a Homes NSW property and Homes NSW has not given approval for the person to be an authorised additional occupant, Homes NSW will consider that person to be an unauthorised occupant. This includes circumstances where the tenant has made application for an additional occupant and Homes NSW has declined that request.

If a tenant has unauthorised additional occupants living in their property, they will be in breach of the terms of their tenancy agreement and Homes NSW will take the appropriate action under the Residential Tenancies Act 2010 and/or the Rent Subsidy Non-Disclosure policy.

Visitors

Tenants may have a person stay as a genuine short term visitor at their property. To be regarded as a visitor the person must provide evidence acceptable to Homes NSW that he or she permanently resides at an alternative address. Such evidence might include a current driver’s licence, identity card, current Centrelink statement and/or utility bills in that person’s name.

Any person who visits a Homes NSW property for any length of time and who cannot provide evidence acceptable to Homes NSW that they permanently reside at an alternative address is considered to be an unauthorised additional occupant and Homes NSW will take the appropriate action against the tenant under the Residential Tenancies Act 2010 and/or the Rent Subsidy Non-Disclosure policy.

Notification of change of household circumstances

Tenants must advise Homes NSW in writing within 28 days of any change to the income or assets of any household member. Homes NSW will then re-calculate the rent subsidy based on new household income. To inform Homes NSW of this change, you can complete the tenancy online form.

Being away from the property

Public housing is a scarce resource and a valuable asset for those in need. Homes NSW maximises the benefit gained from this resource by making sure that properties are used as homes and not left vacant for long periods.

How long can a tenant be away from their property?

When Homes NSW provides a property for a client, they are expected to live in it. Tenants must obtain approval from Homes NSW to be away from their home for more than six weeks, even if other people will be staying in the home while the tenant is away. When a tenant applies to be away from their property, Homes NSW will ask the tenant for the date that they expect to return. For more information, go to Approving an absence from the property.

Homes NSW may approve acceptable absences for up to six months. For more information, go to Acceptable absences.

Homes NSW will not approve absences of more than 12 months in total over a five year period. Homes NSW calculates this as more than 365 days in the five years, prior to the first day of the next absence request. All approved absences are included in this calculation.

There are some additional requirements for tenants who are incarcerated or who are going into a nursing home. For more information, go to Tenants going to prison and Tenants going into a nursing home.

The tenant may apply for an approval to extend the absence beyond six months where there are unusual circumstances, for example medical conditions which require regular treatment at a location that cannot be accessed from the tenant’s home or the tenant is experiencing or escaping domestic and family violence.

In circumstances of domestic and family violence, Homes NSW will work closely with the tenant to ensure their safety and wellbeing and determine an appropriate management plan.

If a tenant is away without approval, or has stayed away for longer than the time Homes NSW approved, Homes NSW may decide to:

  • charge market rent from the time the tenant’s absence is discovered, or from the date the approval expired
  • terminate the tenancy.

Care of the property while the tenant is away

The tenant must appoint an agent to act on their behalf while they are away. The agent must be over 18 and could be another household member, a family member, friend, support provider or solicitor. The agent must inspect the property regularly and maintain it to the standard stated in the tenancy agreement. If the agent is not currently a member of the household and wants to live in the property while the tenant is away, they must apply to become an authorised additional occupant.

Although the tenant must appoint an agent for the time they are away, the tenant is still legally responsible for meeting their obligations under the tenancy agreement. Any breaches that occur while the tenant is away may result in Homes NSW taking action in the NSW Civil and Administrative Tribunal.

Contact with tenants

Homes NSW makes regular contact with its tenants and uses various methods to contact clients e.g. telephone, letter, face to face and via electronic means such as virtual client service visits, email and SMS. This enables Homes NSW to maintain its properties and help to sustain tenancies.

Homes NSW will contact tenants aged over 60 years of age (or 45 if Aboriginal) at least twice per year. Tenants under 60 years of age will be contacted at least once per year. Homes NSW will consider contact to be confirmed if there has been contact with any authorised member of the household. Contact may be made in various ways, for example, by phone, by home visit and by carrying out maintenance.

If Homes NSW has any reason to believe that the tenant’s wellbeing is at risk, and the tenant cannot be contacted, Homes NSW will contact the next of kin, if known. Where the next of kin cannot be contacted, or has not had contact with the tenant, neighbours may be contacted immediately. If no one has seen the tenant recently and there are concerns for a tenant’s safety and wellbeing, Homes NSW will contact the Police and request that they immediately enter the property.

If the tenant is known to have been recently contacted or seen by their next of kin or neighbours, Homes NSW may gain access to the property without the tenant’s consent using Section 55 of the Residential Tenancies Act 2010 with the assistance of a locksmith. In some situations, Homes NSW will obtain an access order from the NSW Civil and Administrative Tribunal.

Homes NSW may visit a tenant’s property for one or more of the following reasons:

  • a face to face or virtual client service visit. For more information, go to Client service visits and virtual client service visits for public housing tenants. Visits will be conducted within 8 weeks of a new tenancy starting and then as needed. For more information on new tenancies, go to New tenancies
  • an Annual Compliance Assessment is carried out in all Homes NSW managed properties. These are required by law under the Residential Tenancies Regulations 2019 and are completed every 12 months. Tenants must provide access to the property when the inspections are requested. If the tenant has not provided access to the property, Homes NSW may gain access without the tenant’s consent and without a Tribunal access order. The Annual Compliance Assessment services smoke alarms and also involves the contractor undertaking a visual inspection of the property including the: internal paint, external paint, floor finishes, kitchen, bathroom, roof, windows and fencing.
  • to conduct a Maintenance Program Work Assessment (MPWA).
  • some properties may be scheduled for Property Assessment Surveys (PAS), which will assess the condition of the property.
  • on request from the tenant for emergency or responsive maintenance
  • where Homes NSW is concerned for the health and safety of any household member
  • if emergency repairs are required
  • planned maintenance visits. These will be carried out from time to time, as necessary
  • on request from the tenant to discuss tenancy issues
  • fire risk inspections. Fire risk factors, such as hoarding, placing or storing items in common areas and stairwells, blocking of exits, impeding the functioning of fire doors and disabling of smoke alarms will be taken into account when deciding whether to inspect a property.

Tenants may be visited more regularly where an intensive tenancy management approach is required for tenants who are experiencing difficulty in maintaining their tenancy.

Access to a property

Homes NSW will conduct all physical inspections in accordance with the requirements of the Residential Tenancies Act 2010, including giving seven days written notice prior to a visit, or two days to undertake necessary maintenance. Visits may be made at any time, with the consent of the tenant. 

For more information, go to What tenants can expect of Homes NSW staff when arranging and conducting client service visits.

If the tenant refuses access to the premises for Homes NSW staff or contractors after the required notice has been given, Homes NSW may apply to the NSW Civil and Administrative Tribunal for an access order.

In some situations, including emergencies, urgent repairs, required inspections or where there are concerns for the health and safety of any household member, Homes NSW may access a property without the tenant’s consent and without an access order. Section 55 and 57 of the Residential Tenancies Act 2010 outlines when this can occur.

Dealing with a breach of the tenancy agreement

Homes NSW will work with tenants to ensure they meet their obligations under their tenancy agreement. However, where a tenant has breached their tenancy agreement, Homes NSW may:

  • negotiate a reasonable repayment arrangement, if the breach relates to non-payment, or late payment of tenancy charges
  • negotiate an arrangement for the tenant to stop breaching their tenancy agreement
  • apply for a Specific Performance Order from the NSW Civil and Administrative Tribunal
  • issue a Warning or Strike Notice for antisocial behaviour
  • issue a Notice of Termination
  • apply for an order of Termination and Possession from the NSW Civil and Administrative Tribunal.

When Homes NSW seek a Specific Performance Order or ultimately termination of the tenancy agreement for tenants who have breached their tenancy agreement, Homes NSW will endeavour that any such action will not place children at risk.

The NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal (NCAT) is an independent decision making body that resolves disputes between landlords and tenants. The NCAT tries to help the parties work out their own solutions to a problem. If this is not possible, the NCAT can resolve the dispute by making orders. These orders are legally binding and must be obeyed.

When Homes NSW has a problem with a tenant that it has been unable to resolve, it may apply to the NCAT for a hearing. If a tenant has a problem with Homes NSW, they may also apply to have the matter heard by the NCAT.

The NCAT will make a decision on the basis of the evidence presented to it. Homes NSW must have sufficient evidence before taking a case to the NCAT.

Specific Performance Orders

A Specific Performance Order from the NSW Civil and Administrative Tribunal orders a tenant to correct a breach of their tenancy agreement.

Specific Performance Orders may be sought under Section 187 of the Residential Tenancies Act 2010, without first issuing a Notice of Termination. For breaches relating to the payment of tenancy charges, Homes NSW will generally apply for an order under this section when one or more of the following applies. The tenant has:

  • an arrears history that indicates a pattern of not maintaining arrangements.
  • not provided acceptable reasons for not maintaining an arrangement.
  • refused to enter into a reasonable repayment arrangement.
  • not responded to reasonable attempts by Homes NSW to contact them.
  • not presented or been available to discuss their arrears.

For breaches other than the payment of tenancy charges, Homes NSW may apply for an order under this section when one or more of the following applies. The tenant has:

  • not previously breached their agreement.
  • agreed to stop or rectify the breach.

Homes NSW may also apply for a Specific Performance Order after a Notice of Termination has been issued and the tenant has not vacated. Generally, Homes NSW will apply for these orders instead of an order terminating the tenancy when:

  • the breach relates to tenancy charges and the tenant has agreed to a reasonable repayment arrangement, or
  • the tenant has agreed to stop or rectify the breach, and
  • the tenant does not have a chronic history of arrears or other breaches.

Strike notices

Strike notices are for breaches of the tenancy agreement where substantiated incidents of antisocial behaviour have occurred. Strike notices are issued under Section 154C of the Residential Tenancies Act. Where two strike notices and a Notice of Termination have been issued within a 12 month period, Homes NSW may apply to NCAT for termination of the tenancy.

Notices of Termination

A Notice of Termination for a breach of the tenancy agreement is issued under Section 87 of the Residential Tenancies Act 2010. A Notice of Termination requires the tenant to vacate the premises on a specific date because they have breached their tenancy agreement.

Homes NSW may issue a Notice of Termination where one or more of the following applies. A tenant has:

  • not responded to reasonable attempts by Homes NSW to contact them
  • not presented or been available to discuss the breach of their tenancy agreement
  • a history of breaching Specific Performance Orders
  • received two strike notices and a further substantiated incident of antisocial behaviour has occurred within 12 months
  • refused to enter into, or not maintained, an arrangement to stop or rectify the breach
  • not complied with an order issued by the NSW Civil and Administrative Tribunal
  • committed a serious breach of the residential tenancy agreement justifying the issue of a Notice of Termination.

Under Section 88(3) of the Residential Tenancies Act 2010, a Notice of Termination issued to a tenant for non-payment of rent must advise the tenant that if the debt is repaid in full or an agreement satisfactory to Homes NSW is made, the tenant will not have to vacate the premises unless the Tribunal makes a termination order on the basis that the tenant has frequently failed to pay rent on time.

Homes NSW will serve Notices of Termination in accordance with Section 223 of the Residential Tenancies Act 2010 which states that the Notice should be:

  • delivered to the tenant personally at their Homes NSW dwelling
  • delivered to a person over 16 years of age at the tenant’s Homes NSW dwelling
  • delivered in an envelope addressed to the tenant left in the mailbox at the tenant’s Homes NSW dwelling
  • sent via Homes NSW facsimile to the tenant’s fax number.

Orders of Termination and Possession

An Order of Termination legally ends the tenancy on a certain date. An Order of Possession sets a date by which the tenant must vacate.

Homes NSW will apply for an Order of Termination and Possession where:

  • a Notice of Termination has been issued and the tenant has failed to vacate the property, and
  • the tenant has failed to comply with orders issued by NSW Civil and Administrative Tribunal, and
  • the tenant has refused to rectify the breach, for example, the tenant has refused to repay their arrears, and
  • all other steps to sustain the tenancy have failed, or
  • the breach is so serious that termination is warranted without the issue of a Notice of Termination.

If a tenant fails to move out of the property by the date in the possession order, Homes NSW will apply for a Warrant of Possession for the NSW Sheriff’s Office to evict the tenant.

Under Section 89 of the Residential Tenancies Act 2010, an order of termination or warrant of possession no longer applies if a tenant fully repays the debt owed or enters into an arrangement satisfactory to Homes NSW.

However, if a tenant has frequently failed to pay rent Homes NSW may decide to request the application for the termination be heard under Section 89(5) of the Residential Tenancies Act 2010. This section allows the NCAT to make an order of termination and issue a warrant of possession that takes effect even if the tenant later repays the debt.

Under Section 156C (6) of the Residential Tenancies Act 2010, Sections 88 and 89 (1)-(4) apply to a failure to pay a rental bond in the same way as it applies to a failure to pay rent under a residential tenancy agreement.

Lease reviews

Apart from tenancies with continuous tenancy agreements, all tenancy agreements offered by Homes NSW are for a fixed term.

In most situations, Homes NSW will review the tenancy before the fixed term ends to decide:

  • if the tenant is still eligible for Homes NSW managed housing, and if so,
  • what type and length of lease extension the tenant should be offered, and
  • if the current property is appropriate to the needs and size of the household.

For more information, go to Types and Length of Lease policy.

4. Legislation and compliance

Homes NSW manages tenancies in accordance with the provisions of the Residential Tenancies Act 2010 and the Housing Act 2001.

Homes NSW will send electronic communications to clients in accordance with the Spam Act 2003.

5. Related documentation

6. Further information

Appeals and review of decisions

If a tenant disagrees with a decision Homes NSW has made, they should first discuss their concerns with a Client Service Officer. The next step, if they still believe Homes NSW made the wrong decision, is to ask for a formal review of the decision. For information on how reviews work, the tenant can ask the Client Service Officer to see Appealing a housing decision, or read the Appeals policy.

Tenants cannot appeal decisions made in relation to maintenance, being a good neighbour, removal of pets and abandoned vehicles, access to the property and breaches of the tenancy agreement. These issues will be managed through the NSW Civil and Administrative Tribunal.

A tenant cannot request a review of a decision in relation to the length of lease offered after Homes NSW has issued a notice under Section 142 of the Residential Tenancies Act 2010.

Type: Policy
Author: Homes NSW
Publication Date: 18 December 2023

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